Mascarena v. State

The Supreme Court affirmed the order of the district court dismissing Appellant's petition for post conviction relief without an evidentiary hearing, holding that the district court correctly determined that Appellant's petition for post conviction relief was time barred under Mont. Code Ann. 46-21-102(1) and (2).Appellant pleaded guilty to felony partner or family member assault and was required to register as a violent offender. Appellant later entered a plea of nolo contenders to the charge of failure to register as a violent offender. Appellant's appeal was dismissed when the appeal was deemed frivolous. Appellant then filed his petition for post conviction relief. The district court summarily dismissed the petition, concluding that Appellant's claims were time barred and finding no equitable grounds to extend the deadline. The Supreme Court affirmed, holding that Appellant's petition fell outside the one-year deadline set forth in section 46-21-102(1) and that the evidence did not fall under the newly discovered evidence exception delineated in section 46-21-102(2). View "Mascarena v. State" on Justia Law